(1) For any retail establishment within 600 feet of a Gateway Corridor or residential district, merchandise may be displayed and stored outdoors in the open air for sale to customers in areas immediately adjacent to the primary structure without a special exception subject to the following standards:
(a) Must be located within 12 feet of the foundation of the front, side or rear facade of the primary structure if not enclosed;
(b) If enclosed by a 24 to 36 inch wall, must be within 20 feet of the foundation of the front facade of the primary structure;
(c) If adjacent to the side of the primary structure, must be fully enclosed and screened by a wall eight feet tall. Any merchandise that can be seen above the wall shall be screened by an opaque surface;
(d) The above walls shall be constructed of the primary building material of the primary structure;
(e) If located adjacent to a bufferyard and a residential district, must be screened by a fence, wall or Level 5 perimeter landscaping per Article 4.7;
(f) The maximum height of merchandise either stacked on pallets or freestanding shall be five feet (trees are exempt);
(g) Items such as vending machines, ice machines and propane displays must be flush with the facade of the primary or accessory structure on an impervious surface such as asphalt or concrete. These items shall not interfere or impede pedestrian pathways such as sidewalks or entrances;
(h) Vending machines or merchandise that hangs from a canopy, such as hanging plants, are exempt from the height restriction;
(i) Merchandise shall not block or impede a pedestrian way such as a sidewalk or entrance. A five-foot wide pathway shall be maintained at all times; and
(j) Cannot be located in any front, side or rear yard or bufferyard.
(2) In order to display and store merchandise outdoors in the open air for sale to customers within 600 feet of a Gateway Corridor or residential district in an area not adjacent to the primary structure, or a distance of more than 30 feet from the foundation of the primary structure, a special exception must be granted by the Board of Zoning Appeals subject to the following standards:
(a) The total area allocated for outdoor display for either the permanent display of merchandise or for temporary seasonal sales items cannot exceed more than 10% of the gross floor area (GFA) for the primary structure;
(b) The total amount of merchandise displayed cannot exceed more than 10% of the gross floor area for the primary structure in cubic yards;
(c) The location of the outdoor display area cannot be within any front, side or rear yard or bufferyard;
(d) If the outdoor display area is located within a parking area, there shall be enough remaining parking spaces to satisfy the off-street parking area requirement for the primary structure, or for the integrated center, whichever is less;
(e) If merchandise is displayed in bulk form stacked on a pallet, the maximum height shall be five feet (trees are exempt);
(f) Stacked items shall be kept in an orderly and neat fashion at all times;
(g) If vehicular access is allowed within the outdoor display area, the required maneuvering aisle width shall be maintained at all times free from merchandise and debris;
(h) Required maneuvering aisles or interior access drives shall not be obstructed;
(i) Outdoor display does not include vehicles displayed for a new or used dealership; and
(j) If located adjacent to a bufferyard and a residential district, must be screened by a fence, wall or Level 5 perimeter landscaping per Article 4.7.
(Ord. 27-2007, passed - -2007)